Stay
calm.
Do not argue, yell, curse or threaten the police.
Keep your hands visible and do not make
sudden movements. Police officers are trained to be
aware that any person stopped can suddenly become
violent. Do not put yourself in danger by
hiding your hands or making any sudden movements.
Do not run. Running away or trying to avoid a
police officer may be used in court as evidence of
guilt.
Give your name, address and
date of birth. According to a recent
Connecticut Appellate Court case, State v. Aloi,
86 Conn. App. 363, 861 A.2d 1180 (2004), you
cannot be convicted of the crime of interfering
with a police officer for refusing to identify
yourself. However, if you refuse, you most
likely will make the officer suspicious and
annoyed and he or she may arrest you even if the
arrest is unjustified. If you are driving a
car, then the law requires you to give your name,
address, license, registration, insurance card and
the name and address of the owner of the car.
Do not say anything else.
You are not required to say anything else to a
police officer. Anything you say to a police
officer may be used in court to try and prove that
you committed a crime. Be aware that you may
be getting videotaped or tape recorded during a
stop even if you do not see a recorder.
Do not give permission to have
anything searched. If you give the
police permission to search your clothes, purse,
backpack, car, home, office, computer, or anything
else, then anything found can be entered into
evidence. If you do not give permission to
search, the police may decide to search anyway,
but what they find may be kept out of evidence if
the search was unconstitutional or illegal.
Ask for a lawyer.
You have a constitutional right to a lawyer if you
are in police custody. You are "in
custody" if you are not free to leave.
If you are unsure whether you can leave, you can
ask the police officer if you can leave.
IF THE POLICE COME TO YOUR HOME
Do not allow the police
inside. The police cannot enter your
home unless they have a warrant or there is an
emergency. If the police say they have a
warrant, ask to see it.
Do not step outside your home.
You have certain constitutional rights when you
are inside your home. You lose those rights
by stepping outside your home.
Do not allow your home to be
searched. The police cannot search your
home without a search warrant. If they have
a warrant, ask to see it, and do not give the
police permission to conduct a search wider than
that allowed by the warrant. If you give the
police permission to search, anything they find
can be entered into evidence.
IF YOU ARE STOPPED IN YOUR CAR
Provide identification.
A driver of a car has to give the police his or
her name, address, license, registration,
insurance card and the name and address of
the owner of the car.
Stay inside the car unless
ordered to come out. Keep your hands
visible. Do not make any sudden
movements. Do not try to move the car.
Do not give permission to
search the car. The police can look
inside the passenger compartment of your car and
take as evidence anything that is in plain view,
even if they need to use a flashlight to see
inside. If you give the police permission to
search the trunk or other parts of the car,
anything they find can be entered into evidence.
Be aware that the police may
search the passenger compartment during an
investigative stop. The police can stop
a car if they reasonably suspect that a traffic
infraction occurred or that the occupants are
involved in a crime. After stopping the car,
the police can search the passenger compartment of
the car, including any bags or other containers
inside the passenger compartment.
IF YOU ARE ARRESTED
Do
not resist the arrest.
Resisting arrest is a separate crime even if you
are innocent of what you are being arrested
for. If the police decide to arrest you,
they will use whatever force necessary to handcuff
you and place you inside a cruiser. Do not
endanger yourself by refusing to cooperate with
the arrest.
Do not say anything. If the police have decided to
arrest you, nothing you say will change their
mind. Be aware that you may be getting video
or tape recorded. Any statements you make,
whether recorded or not, may be used to try and
prove that you committed a crime.
Ask a family member or friend to contact
a criminal defense lawyer. After you are booked and
fingerprinted, ask to telephone a family member or
a friend and ask that person to contact a criminal
law attorney for you. Do not talk about the
arrest or the case on the telephone. Your
telephone call is probably being recorded.
Do not tell your friend or family member anything
else other than the police station where you are
being held. Your criminal defense lawyer can
contact the police station for other information,
including the charges against you and the amount
of bail.
IF YOU ARE ASKED TO GO TO A POLICE
STATION TO ANSWER SOME QUESTIONS
Do not go. Even if you know you are
innocent of any crime, do not go by yourself to a
police station and answer questions or make
statements. You may be the subject of an
investigation. Any statements you make may
be used against you. If someone has made
false accusations against you, statements you make
which you think are harmless may hurt you if your
statements seem to agree with parts of the false
accusations.
Call an experienced criminal defense
lawyer immediately.A criminal
defense lawyer can advise you as to whether you
should answer any questions. If the lawyer
advises you to answer questions, the lawyer can go
with you and advise you during the questioning.
Be aware that you may be followed by
the police. You may be the subject of an
investigation if the police want to ask you
questions. Be aware that if you under
investigation, the police may be following
you. Do not associate with
people who carry drugs or weapons or who are
committing crimes.
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